Federal Register Summary for week of 9 March

Agriculture

Biotechnology Regulatory Services; Changes Regarding the Solicitation of Public Comment for Petitions for Determinations of Nonregulated Status for Genetically Engineered Organisms

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service (APHIS) is implementing changes to the way it
solicits public comment when considering petitions for determinations
of nonregulated status for genetically engineered organisms to allow
for early public involvement in the process. Under the updated process,
APHIS will publish two separate notices in the Federal Register for
petitions for which APHIS prepares an environmental assessment. The
first notice will announce the availability of the petition, and the
second notice will announce the availability of APHIS' decisionmaking
documents. This change will provide two opportunities for public
involvement in the decisionmaking process.

Commerce

Request for Comments on the 5-Year Review of NOAA's Policy on Partnerships in the Provision of Environmental Information

AGENCY: National Weather Service (NWS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Notice and request for comments.

SUMMARY: The National Weather Service of the National Oceanic and
Atmospheric Administration publishes this notice to request comments on
NOAA's Policy on Partnerships in the Provision of Environmental
Information. This request for comments is being made as part of a
period periodic review of the Policy's effectiveness.

Environmental Protection Agency

Assessment of Potential Large-Scale Mining on the Bristol Bay Watershed of Alaska: Nomination of Peer Reviewers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Call for nominations; extension.

SUMMARY: On February 24, 2012 EPA announced a two week period for the
public to nominate qualified experts to be considered for the external
review panel of an anticipated EPA draft report describing impacts
associated with potential large-scale mining development in the
Nushagak and Kvichak watersheds of Bristol Bay, Alaska. EPA is extending the nomination period by one week, in response
to requests from stakeholders and the public.

DATES: The nomination period will be extended by one week and will end
March 16, 2012.

ADDRESSES: Nominations of potential members of the Bristol Bay
Assessment peer review panel are being accepted and evaluated by an
independent EPA contractor. Nominations are being accepted online
through an internet Web site, by U.S. Postal mail, or by an overnight/
priority mail service. Those interested in submitting nominations
online should complete the form found at http://www.versar.com/epa/bristolbaynominationform.html. Mailed nominations should be addressed
to the EPA contractor, Versar, Inc., 6850 Versar Center, Springfield,
VA 22151, should reference Bristol Bay Nomination Form, and should
include all nominee information outlined in the SUPPLEMENTARY
INFORMATION section. Mailed submissions must be received by March 16,
2012. Questions concerning the online form should be directed to the
EPA contractor, Versar, Inc., at 6850 Versar Center, Springfield, VA
22151; by email bcolon@versar.com (subject line: Bristol Bay Assessment
Nomination Form); or by phone: (703) 642-6727 (ask for Betzy Colon, the
Peer Review Coordinator).

FOR FURTHER INFORMATION CONTACT: For additional information concerning
the Bristol Bay Assessment peer review panel nominations, contact Dr.
Kate Schofield, Office of Research and Development, The National Center
for Environmental Assessment. Telephone: 703-347-8533; or email:
schofield.kate@epa.gov.

Today, compelled by court order, the Department of the
Interior (Department) proposed critical habitat for the
northern spotted owl. The proposal is an initial step
in gathering important information that will inform a
final decision on what areas should be designated as
critical habitat for the spotted owl, based on a full
evaluation of all key criteria: the relevant science,
economic considerations, the impact on national
security, and a balancing of other factors.

Executive Order 13563 of January 18, 2011 (Improving
Regulation and Regulatory Review), explicitly states
that our "regulatory system must protect public
health, welfare, safety, and our environment while
promoting economic growth, innovation, competitiveness,
and job creation'' (emphasis added). Consistent with
this mandate, Executive Order 13563 requires agencies
to tailor "regulations to impose the least burden on
society, consistent with obtaining regulatory
objectives'' (emphasis added). Executive Order 13563
also requires agencies to "identify and consider
regulatory approaches that reduce burdens and maintain
flexibility and freedom of choice'' while selecting
"those approaches that maximize net benefits.'' To the
extent permitted by law, our regulatory system must
respect these requirements.

The Endangered Species Act (ESA) states: "[t]he
Secretary shall designate critical habitat . . . on the
basis of the best scientific data available and after
taking into consideration the economic impact, the
impact on national security, and any other relevant
impact, of specifying any particular area as critical
habitat'' (emphasis added). 16 U.S.C. 1533(b). The ESA
also provides that "[t]he Secretary may exclude any
area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of
specifying such area as part of the critical habitat,
unless he determines, based on the best scientific and
commercial data available, that the failure to
designate such area as critical habitat will result in
the extinction of the species concerned'' (emphasis
added). Id. Under the ESA, scientific, economic, and
other considerations are relevant to critical habitat
designations. Under a regulation issued by the
Department in 1984, however, the economic analysis
follows the scientific assessment, rather than being
presented simultaneously with it; one of the purposes
of this memorandum is to direct you to propose
revisions to that regulation.

Consistent with the ESA and Executive Order 13563,
today's proposed rule emphasizes the importance of
flexibility and pragmatism. The proposed rule notes the
need to consider "the economic impact'' of the
proposed rule, outlines a series of potential
exclusions from the proposed critical habitat, and asks
for public comments on those exclusions and on other
possible exclusions. Private lands and State lands are
among the potential exclusions, based on a recognition
that habitat typically is best protected when
landowners are working cooperatively to promote forest
health, and a recognition--as discussed in the proposed
rule--that the benefits of excluding private lands and
State lands may be greater than the benefits of
including those areas in critical habitat.

Importantly, the proposed rule recommends, on the basis
of extensive scientific analysis, that areas identified
as critical habitat should be subject to active
management, including logging, in order to produce the
variety of stands of trees required for healthy
forests. The proposal rejects the traditional view that
land managers should take a "hands off'' approach to
forest habitat in order to promote species health; on-
going logging activity may be needed to enhance forest
resilience.

In order to avoid unnecessary costs and burdens and to
advance the principles of Executive Order 13563,
consistent with the ESA, I hereby direct you to take
the following actions:

publish, within 90 days of the date of this memorandum, a full analysis of the economic impacts of the proposed rule, including job impacts, and make that analysis available for public comment;

consider excluding private lands and State
lands from the final revised critical habitat,
consistent with applicable law and science;

develop clear direction, as part of the final
rule, for evaluating logging activity in areas of
critical habitat, in accordance with the scientific
principles of active forestry management and to the
extent permitted by law;

carefully consider all public comments on the
relevant science and economics, including those
comments that suggest potential methods for minimizing
regulatory burdens;

give careful consideration to providing the
maximum exclusion from the final revised critical
habitat, consistent with applicable law and science;
and

to the extent permitted by law, adopt the least
burdensome means, including avoidance of unnecessary
burdens on States, tribes, localities, and the private
sector, of promoting compliance with the ESA,
considering the range of innovative ecosystem
management tools available to the Department and
landowners.

Executive Order 13563 states that our regulatory system
"must promote predictability and reduce uncertainty.''
Uncertainty on the part of the public may be avoided,
and public comment improved, by simultaneous
presentation of the best scientific data available and
the analysis of economic and other impacts.
Accordingly, in order to provide more complete
information in the future regarding potential economic
impacts when critical habitat proposals are first
offered to the public, I direct you to take prompt
steps to propose revisions to the current rule (which,
as noted, was promulgated in 1984 and requires that an
economic analysis be completed after critical habitat
has been proposed) to provide that the economic
analysis be completed and made available for public
comment at the time of publication of a proposed rule
to designate critical habitat.

This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

You are hereby authorized and directed to publish this
memorandum in the Federal Register.

Interior

ACTION: Notice of availability; announcement of public meetings;
request for comments.

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft environmental impact statement for experimental
removal of barred owls to benefit threatened northern spotted owls. The
barred owl, a species recently established in western North America, is
displacing the northern spotted owl and threatening its viability. The
draft environmental impact statement analyzes a no-action alternative
and seven action alternatives to experimentally determine if removing
barred owls will benefit northern spotted owl populations and to inform
decisions on whether to move forward with future management of barred
owls. The action alternatives vary by the number and location of study
areas, the type of experimental design, duration of study, and method
of barred owl removal. We also announce plans for public meetings and
the opening of a public comment period on the draft environmental
impact statement. All interested parties are invited to provide information, data, comments
or suggestions.

DATES: To ensure consideration, we must receive comments before close
of business (4:30 p.m.) on or before June 6, 2012. We will hold at
least two public meetings within the range of the northern spotted owl.
We will announce meeting locations and times in local newspapers and on
the Internet at: http://www.fws.gov/oregonfwo.

ADDRESSES: To request further information, obtain a copy of the draft
environmental impact statement (EIS), or submit or view written
comments, please use one of the following methods and clearly indicate
that your request or comment is in reference to the Barred Owl EIS:

In-Person Drop-off of Comments: Comments can be delivered
in person to the above address during regular business hours (Monday
through Friday, 8 a.m. to 4:30 p.m.).

Viewing Comments and Supporting Materials, or Picking Up a
Copy of the Draft EIS: Call 503-231-6179 to make an appointment to view
received comments or pick up a copy of the draft EIS at the above
address.

FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, Oregon
Fish and Wildlife Office, at 503-231-6179. If you use a
telecommunications device for the deaf, please call the Federal
Information Relay Service at 800-877-8339.

Contact Person: Robert Webber, Office of International Science
and Engineering, National Science Foundation, 4201 Wilson Blvd.,
Arlington, VA 22230, Telephone: 703-292-7569. If you are attending
the meeting and need access to the NSF, please contact the
individual listed above so your name may be added to the building
access list.

Purpose of Meeting: To provide advice and recommendations
concerning support for research, education and related activities
involving the U.S. science and engineering community working in a
global context, as well as strategic efforts to promote a more
effective NSF role in international science and engineering.

Agenda: Review NSF international activities, and discuss and
develop recommendations to transform international research and
educations partnerships.

Office of Science and Technology Policy

Nanoscale Science, Engineering, and Technology Subcommittee of the Committee on Technology, National Science and Technology Council Workshop

ACTION: Notice of public meeting.

SUMMARY: The National Nanotechnology Coordination Office (NNCO), on
behalf of the Nanoscale Science, Engineering, and Technology (NSET)
Subcommittee of the Committee on Technology, National Science and
Technology Council (NSTC), will hold the "2012 Regional, State, and
Local (RSL) Initiatives in Nanotechnology Workshop'' on May 1-2, 2012.
This workshop will bring together leaders of regional, state, and local
organizations to engage in dialog with the Federal government; economic
development groups; investors and entrepreneurs; technology leaders;
and scientists and engineers from industry, business, government, and
academia. The discussion will address a wide range of resource,
organizational, and policy issues impacting RSL nanotechnology
initiatives.

The workshop, cosponsored by the Federal agencies participating in
the National Nanotechnology Initiative (NNI) and the Oregon Nanoscience
and Microtechnologies Institute (ONAMI), will examine the current
landscape of U.S. RSL nanotechnology initiatives and their status; RSL
best practices, business models, resources, and opportunities for
partnering; and the role of nanotechnology RSLs in future U.S. economic
growth and job creation.

Dates and Addresses: The workshop will be held at the Embassy
Suites Portland-Downtown Hotel, 319 SW Pine Street, Portland, OR, 97204
on Tuesday, May 1, 2012 from 8:30 a.m. until 6 p.m. and on Wednesday,
May 2, 2012 from 8:30 a.m. until 6 p.m. For directions, please visit
www.nano.gov/RSL12.

Registration: Due to space limitations, pre-registration for the
workshop is required. Individuals planning to attend the workshop
should register online at http://www.nano.gov/rslregistration. Written
notices of participation by email should be sent to RSL12@nnco.nano.gov or mailed to RSL 2012 Workshop, c/o NNCO, 4201 Wilson Boulevard,
Stafford II, Suite 405, Arlington, VA 22230. Registration is on a
first-come, first-served basis until capacity is reached; otherwise
registration will close on April 27, 2012 at 5 p.m. EST. Those
interested in presenting 3-5 minutes of public comments at the meeting
should also register at http://www.nano.gov/rslregistration. Written or
electronic comments should be submitted by email to RSL12@nnco.nano.gov
until April 27, 2012. The workshop will include an opportunity for any
regional, state, or local nanotechnology initiative or related
organization to present a poster explaining the activity.

Meeting Accomodations: Individuals requiring special accommodation
to access this public meeting should contact Halyna Paikoush by email
(RSL12@nnco.nano.gov) or by telephone (410-467-9832) at least ten
business days prior to the meeting so that appropriate arrangements can
be made.

FOR FURTHER INFORMATION CONTACT: For information regarding this Notice,
please contact James Kadtke or Halyna Paikoush at the National
Nanotechnology Coordination Office by telephone (703-292-8626) or email
(RSL12@nnco.nano.gov). Additional information about the meeting,
including the agenda, is posted at www.nano.gov/RSL12.